NRS 52.400
Marijuana: Procedure for destruction of unnecessary quantity seized as evidence.

Except as otherwise provided in NRS 453A.400:

1.

At any time after a substance which is alleged to be marijuana is seized from a defendant by a peace officer, the law enforcement agency of which the officer is a member may, without the prior approval of the district court in the county in which the defendant is charged, destroy any amount of the substance that exceeds 10 pounds.

2.

The law enforcement agency must, before destroying the substance pursuant to this section:

(a)

Accurately weigh and record the weight of the substance.

(b)

Take and retain, for evidentiary purposes, at least five random and representative samples of the substance in addition to the amount which is not authorized to be destroyed pursuant to subsection 1. If the substance is alleged to consist of growing or harvested marijuana plants, the 10 pounds retained pursuant to subsection 1 may include stalks, branches, leaves and buds, but the five representative samples must consist of only leaves or buds.

(c)

Take photographs that reasonably demonstrate the total amount of the substance. A sign which clearly and conspicuously shows the title or the case number of the matter, proceeding or action to which the substance relates must appear next to the substance in any photograph taken.

3.

A law enforcement agency that destroys a substance pursuant to this section shall, not later than 30 days after the destruction of the substance, file an affidavit in the court which has jurisdiction over the pending criminal proceedings, if any, pertaining to that substance. The affidavit must establish that the law enforcement agency has complied with the requirements of subsection 2, specify the date and time of the destruction of the substance and provide the publicly known address of the agency. If there are no criminal proceedings pending which pertain to the substance, the affidavit may be filed in any court within the county which would have jurisdiction over a person against whom such criminal charges might be filed.

4.

If the substance is finally determined not to be marijuana, the owner may file a claim against the county to recover the reasonable value of the property destroyed pursuant to this section.

5.

The law enforcement agency’s finding as to the weight of any substance alleged to be marijuana and destroyed pursuant to this section is admissible in any subsequent proceeding arising out of the same transaction.

Source: Section 52.400 — Marijuana: Procedure for destruction of unnecessary quantity seized as evidence., https://www.­leg.­state.­nv.­us/NRS/NRS-052.­html#NRS052Sec400.

52.015
Authentication or identification required. 52.025
Testimony of witness with knowledge. 52.035
Handwriting: Nonexpert opinion. 52.045
Handwriting: Comparison by trier or expert witness. 52.055
Handwriting: Distinctive characteristics. 52.065
Identification by voice. 52.075
Telephone calls. 52.085
Public records and reports. 52.095
Ancient documents 52.105
Process or system. 52.115
Foreign public documents. 52.125
Certified copies of public records. 52.135
Official publications. 52.145
Newspapers 52.155
Trade inscriptions, signs, tags and labels. 52.165
Acknowledged documents. 52.175
Subscribing witness’ testimony unnecessary. 52.185
Definitions. 52.195
“Duplicate” defined. 52.205
“Original” defined. 52.215
“Photographs” defined. 52.225
“Writings” and “recordings” defined. 52.235
Original required. 52.245
Admissibility of duplicates. 52.247
Admissibility of rerecorded, copied or reproduced records 52.252
Admissibility of copy or transcript of recordings of telephone calls made through system providing telephone number to be used in emergency. 52.255
Admissibility of other evidence of contents. 52.260
Record made in course of regularly conducted activity 52.265
Public records. 52.275
Summaries. 52.285
Testimony or written admission of party. 52.295
Functions of judge and jury. 52.305
Marks instead of signatures 52.315
Seal unnecessary. 52.320
Definitions. 52.325
Subpoenaed records: Delivery of authenticated copy by custodian 52.335
Copies delivered to clerk of court: Custody 52.345
Notice of delivery to clerk of court. 52.355
Order for production of original documents 52.365
Use of copies in discovery proceedings. 52.375
Fees for subpoenas 52.380
Attendance by observer. 52.385
Property evidencing crime: Return to person entitled to possession 52.395
Controlled substances, dangerous drugs and immediate precursors: Procedure for destruction of unnecessary quantity seized as evidence 52.400
Marijuana: Procedure for destruction of unnecessary quantity seized as evidence. 52.405
Definitions. 52.415
Authentication of copies. 52.425
Subpoenaed records: Delivery of authenticated copy by custodian 52.435
Order for production of original record 52.450
Definitions. 52.460
Authentication of copies 52.470
Subpoenaed records: Delivery of authenticated copy by custodian 52.480
Order for production of original record 52.500
Evidence describing measurements of hazardous waste or hazardous material.
Last Updated

Jun. 24, 2021

§ 52.400’s source at nv​.us